Archive for the ‘Alcohol in Utah’ Category

« Older Entries

Automobile Homicide Charge For Man Who Killed a Jogger in Millcreek, Utah

May
20
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
0comment

A 20-year-old Holladay man has been charged with automobile homicide in connection with his alleged role in the death of a jogger last March.

The accused supposedly drifted across lanes and struck the victim, who was on the shoulder of the road. The man is facing several criminal charges including: automobile homicide, possession of a firearm by a restricted person and driving with a controlled substance in the body and causing death.

What Constitutes Automobile Homicide?

Criminal homicide is automobile homicide if a person causes someone else’s death while driving a vehicle in a criminally negligent manner while being under the influence of a drug or alcohol. You will be considered DUI in Utah if your blood or breath alcohol concentration is .08 grams or higher.

Being criminally negligent means that you act in such a way that you ought to be aware of a substantial and unjustifiable risk that certain circumstances exist or a certain result will occur. Also, the risk must be of a nature and degree that the average person would normally exercise reasonable judgment in the same circumstance.

Penalties

Automobile homicide under the above circumstances is a second degree felony. If you’re found guilty of automobile homicide, the penalty could be from 1-15 years in prison. If a person is found guilty of multiple felonies or misdemeanors, he could potentially serve many years in prison.

Talk to a Utah Criminal Defense Attorney

If you’re on the wrong side of the law, don’t wait to discuss your case with a Utah criminal defense attorney. It’s never too late to get the legal help you need and deserve.

The Utah Automobile Homicide Statute (U.C.A. 76-5-207) is found below:

(1) As used in this section:

(a) “Drug” or “drugs” means:

(i) a controlled substance as defined in Section 58-37-2;

(ii) a drug as defined in Section 58-17b-102; or

(iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.

(b) “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-501(2).

(c) As used in this Subsection (2), “negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) As used in this Subsection (3), “criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).

(4) The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.

(5) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).

(6) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.

(7) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.

(8) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of this section whether or not the injuries arise from the same episode of driving.

Tags: , , , , , , , , , , ,
Posted in Alcohol in Utah, Drugs in Utah | No Comments »

Utah DUI Suspect Takes Officers on a Chase

Jan
15
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah
0comment

A Utah DUI suspect allegedly ignored police officers’ attempts to pull him over on I-15, eventually being arrested following a tricky driving maneuver by police.

What Happened

According to police, the man wasn’t speeding as he drove along the freeway, but he also wasn’t pulling over as requested. It took from Utah County up to near 400 South in Salt Lake County to finally get the alleged DUI suspect stopped.

The man was arrested pending investigation into a Utah DUI offense, as well as for a few other outstanding warrants.

Utah DUI Penalties

Getting a Utah DUI can earn you a class B misdemeanor for your first or second violation. You may find yourself charged with a class A misdemeanor if you were committing a DUI offense while:

• Inflicting bodily injury upon someone else
• Having a passenger under 16 years old in the car at the time of the DUI
• Being 21 years old or older and having someone in the car who is under 18 at the time of the offense

You may be charged with a third degree felony Utah DUI offense if you:

• Also inflict serious bodily injury upon a person
• Have two or more convictions within 10 years of the:
• Current conviction or
• The commission of offense upon which the current conviction is based or
• The conviction is anytime after a conviction of automobile homicide or other possible convictions

In Utah, you have to have a blood or breath alcohol concentration level of .08 grams or greater at the time you’re operating a vehicle in a negligent, DUI manner.

Talk to a Utah Criminal Defense Attorney

It’s important to discuss any criminal case you’re involved in with an experienced Utah criminal defense attorney. Take time to consult with your attorney about the best possible choices to make in your case in order to best preserve your reputation and freedom.

Tags: , , , , , , , ,
Posted in Alcohol in Utah | No Comments »

Utah Teen Expresses Heartbreak by Throwing Beer Can at Cop

Sep
07
Utah Criminal Lawyer, on the topic of  Alcohol in Utah, Crimes, Dealing with Police, DUI in Utah, Humor, Utah Crime News
0comment

An 18-year-old Utah man was arrested August 17th after throwing an empty beer can at a police officer from his vehicle and then leading the officer on a chase. The officer eventually stopped the man using a PIT maneuver (if you have never seen one of these, check out the video below). The man was charged with driving under the influence, among other things. He reportedly told officers that he had been dumped by his girlfriend and wanted to get into trouble. He obviously succeeded.

Each person that is charged with criminal offenses brings with them to court their own circumstances and problems. Although being emotionally distraught, as this man clearly was, may not excuse a criminal act, a good criminal defense attorney can communicate a client’s unique circumstances to judges and prosecutors. An advocate can help tell your story and achieve the best possible legal outcome that will prevent bad situations like the one described above from becoming worse.

Tags: , , , , , , , , ,
Posted in Alcohol in Utah, Crimes, Dealing with Police, DUI in Utah, Humor, Utah Crime News | No Comments »

Warning to Drunk Drivers: DUI Checkpoint in Millcreek July 6-7

Jun
29
Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, DUI in Utah
0comment

Don’t say we didn’t warn you. The Salt Lake Unified Police Department will conduct a DUI checkpoint at 4100 South State Street beginning on Friday night July 6th at 9:30 p.m. and ending early Saturday morning at 2:30 a.m.

The DUI checkpoint is designed to catch drunk drivers, but if you have an expired registration or a tail light out the Unified Police Department will certainly give you a ticket. You may also want to avoid this area just because the DUI checkpoint will cause a traffic jam. Drive safely and have a wonderful Holiday weekend.

Tags: ,
Posted in Alcohol in Utah, DUI in Utah | No Comments »

Problem Solving Utah Courts including Drug Court and Mental Health Court

Apr
17
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
0comment

Problem solving courts in Utah are known by several names, including: drug court, mental health court or specialty court. The main difference between a problem solving court and traditional district court is the level of involvement of attorneys and judges. If a problem solving court is going to be successful, there are several elements that need to exist in each circumstance.

Photo: Crunchy Footsteps

• Direct connection to treatment—if alcohol and substance abuse are a problem for the defendant/participant, drug court could be the right option for helping the person escape the cycle of dependency and crime.

• A defense attorney and prosecutor must work together to help a participant. This might seem strange because the two attorneys usually have opposing points-of-view, but their combined efforts should focus on the person’s recovery and positive behaviors.

• Quick action should be the court’s goal. The sooner a person is introduced into a problem solving court, the more likely he or she will have success.

• Even though criminal activity and substance abuse are the primary focus of any problem solving court, the problem solving team should also take into account the following: mental illness, home life, medical issues, lack of a job and limited education.

• Frequent drug and alcohol testing of an offender is vital.

• A problem solving team should take notice of a person’s compliance with requirements as much as they keep track of any non-compliance. Rewarding positive behavior helps people struggling with any problem, even one as serious as substance addiction.

• A judge is the team leader. The judge needs to be kept abreast of any treatments the offender is participating in, as well as his progress.

• The team needs to provide consistent monitoring and evaluation in order to know if any changes need to be made.

A problem solving court may be precisely what you need if you’ve been involved in any criminal activity and have a substance abuse addiction. Many people commit criminal offenses in order to continue funding their addictions, and those individuals need help.

You should have an attorney represent you if you are involved in any criminal action. If you suffer from any type of drug or alcohol addiction, be sure to let your attorney know so that he or she can assist you in getting the help you need. A problem solving court may be the answer to turning your life around. Call a Utah criminal defense attorney today.

Tags: , , , ,
Posted in Alcohol in Utah, Drugs in Utah | No Comments »

Alcohol Laws in Utah

Mar
05
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Hiring a Lawyer
0comment

Many people who live in Utah or who have visited the state are aware of Utah’s fairly strict alcohol laws. There are several restrictions on when and where alcohol can be served, as well as people that cannot legally get a drink. Some of the alcohol laws in Utah follow.

Photo: Bob B. Brown

Alcohol and Minors

Except for a few, narrow exceptions, Utah alcohol laws completely prohibit serving or providing alcohol to minors. For example, a person who sells or furnishes alcohol to a minor without determining the minor’s age is generally guilty of a class B misdemeanor. If a person sells or gives alcohol to someone he knows is a minor, he will be guilty of a class A misdemeanor.

The exceptions to the rule include giving alcohol for medicinal purposes by a parent, guardian or health care practitioner (who is authorized to write prescriptions), or by a religious leader as part of religious services.

Alcohol and Intoxicated People

It’s a class B misdemeanor to negligently or recklessly give alcohol to someone who’s intoxicated. If you knowingly hand over a drink to an obviously drunk person, you will be guilty of a class A misdemeanor. It may be worth telling your brother “the bar is closed” to avoid a one-year jail sentence.

Alcohol and the Interdicted

An interdicted person in this circumstance is someone who is legally prohibited from consuming alcohol, and it is illegal to provide that individual with alcohol.

Purchasing Beer

The general public is restricted from purchasing beer or heavy beer in containers exceeding two liters.

Alcohol in an Emergency

The governor can declare an emergency in a particular area of state and that no alcohol is to be sold, offered or furnished in that area. Yes, even during happy hour.

Even though some laws may seem obvious, we don’t think it hurts to keep people up-to-date on the rules in Utah, whether alcohol-related or otherwise. Newcomers to the state may particularly be confused by all the alcohol-based restrictions.

Whether you’re a retailer or a consumer, if you find yourself on the wrong side of any alcohol laws in Utah don’t hesitate to contact a Utah criminal defense attorney right away. Prosecutors take their job very seriously and would just as soon see you sent to jail, regardless of your motivations and lack of criminal intent. A criminal defense attorney will also take his responsibility to defend you sincerely and with the strongest intent to prevent an injustice. Get the best legal defense possible. Call a Utah criminal defense attorney today.

Tags: , , , , , ,
Posted in Alcohol in Utah, Hiring a Lawyer | No Comments »

Assault by a Prisoner Charge for Drunk Driver

Feb
28
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah
0comment

A Utah woman has been charged with assault by a prisoner as well as several other criminal charges after a recent encounter with police. Christy Wilson is facing charges for DUI, retaliation against a witness, assault by a prisoner, sexual battery and attempted sexual battery.

Photo: Tony Alter

When Wilson was pulled over for suspected DUI, she allegedly got physical with police officers, including kicking them and grabbing and/or attempting to grab them inappropriately. Her charges are third-degree felonies and various misdemeanors.

No criminal charge should be taken lightly. The possible jail or prison sentences for Utah felonies and misdemeanors are as follows:

Class C misdemeanor—zero to 90 days in jail
Class B misdemeanor—up to 6 months in jail
Class A misdemeanor—up to 1 year in jail

Third-degree felony—zero to 5 years in prison
Second-degree felony—1-15 years in prison
First-degree felony—5 years to life in prison

Interestingly, assault by a prisoner is a third-degree felony. It’s easy to say that you shouldn’t fight back when in any situation with a police officer or else face potential prison time, but if your senses are dulled by alcohol it may be difficult to use your normal good common sense.

If your senses have been dulled at anytime and you are facing criminal charges now, call a Utah criminal defense attorney. You need to be represented by someone who won’t judge you for your mistakes, but will stand up for your rights and defend you in court. Contact a Utah criminal defense attorney today.

Tags: , , , , ,
Posted in Alcohol in Utah | No Comments »

Utah Legislature Ponders DUI Checkpoints Bill

Feb
13
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Constitutional Rights
0comment

The Utah Legislature is currently considering banning police DUI checkpoints throughout the state. The bill, also known as HB 140, is sponsored by Representative David Butterfield. HB 140 was approved by the Law Enforcement and Criminal Justice Committee by an 8-5 vote and will now go to the House floor.

Photo: Stacey Huggins

Proponents of the bill argue that allowing DUI checkpoints border on unconstitutional behavior, unless very restricted conditions are followed by law enforcement. HB 140 would only allow an administrative traffic checkpoint under certain conditions. A motor vehicle may be stopped and its occupants detained by an enforcement officer when the officer:

• Is acting pursuant to an authorized search warrant or arrest warrant
• Has probable cause to arrest or search
• Has reasonable suspicion that criminal activity has occurred or is occurring, or
• Is acting under emergency circumstances, or
• Is acting pursuant to an authorized administrative traffic checkpoint authority granted by a magistrate under particular circumstances.

What Would be Allowed at a Checkpoint?

Officers using an administrative traffic checkpoint would have the primary purpose of inspecting, verifying or detecting invasive species, violations of Title 23 and other circumstances that are specifically distinguishable by a magistrate from a general interest in crime control.

Various law enforcement officers and the president of Mothers Against Drunk Driving testified against repealing the law allowing for DUI checkpoints, stating their effectiveness in deterring drinking while driving.

Are You For HB 140 or Against it?

This is an interesting debate and one which will most likely receive more attention as the entire House ponders the proposed bill. Lines are already being drawn for and against HB 140, and if you have an opinion you should make sure your local representative knows where you stand.

An Attorney Is Available To Help You

We aren’t arguing one way or another, except to say that all citizens of Utah deserve to have their Constitutional rights protected. There are Utah criminal defense attorneys who can help you work through any criminal proceedings you’re involved in. It doesn’t matter whether your case involves a DUI, you should contact a Utah criminal defense attorney and get the legal help you need.

Tags: , , , , ,
Posted in Alcohol in Utah, Constitutional Rights | No Comments »

Drunk Utah Man Shoots at Friend

Dec
14
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah
0comment

‘Friends don’t let friends drive drunk’ took on a new meaning recently when an inebriated man pulled a gun on his friend who was trying to prevent him from driving while intoxicated.

Photo: Ben Hulley

No Good Deed Ever Goes Unpunished

When Jon Sheppard pulled up to his friend’s house, Sheppard was drunk and apparently upset. Sheppard began an argument, then left the house and tried to get into his car. His friend attempted to stop him and was shot at by Sheppard. Fortunately, the round missed the friend but Sheppard allegedly went ahead and fired a few more times at the ground. It took another man to help subdue Sheppard and break up the altercation.

Consequences

Sheppard has been charged with aggravated assault and intoxication. Aggravated assault is a third-degree felony which can carry a penalty of up to five years in prison. Intoxication is a class C misdemeanor and has the potential for sending a person to jail for up to six months.

Drunk Driving Causes Numerous Problems

The holiday season is a great time to share memorable moments with friends and family. If you know you’ll be in a situation where alcohol will flow, be sure there are enough designated drivers to go around. Normally, it’s a good idea to try and stop someone from driving drunk because lives may be saved. However, if someone pulls a gun don’t wait to call the police.

If You’re in Legal Trouble, Call an Attorney

Keep in mind that there are excellent Utah criminal defense attorneys available to help you regardless of the type of criminal charges you’re facing. Nobody’s perfect, and help is available if you’ve made a mistake. Do yourself a favor and contact an attorney right away.

Tags: , , , , ,
Posted in Alcohol in Utah | No Comments »

Don’t Give Alcohol to Minors in Utah

Dec
12
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah
0comment

If you think supplying alcohol to minors isn’t a big deal, you’d better think again. A former high school teacher and coach has had a warrant issued for her arrest for allegedly giving alcohol to minors while she was still employed by Herriman High School.

Photo: kerinin

The Case

The 21-year-old woman is accused of taking 3 cases of beer to a student’s home where at least 5 minors were present. Another student has stated that the woman offered her wine coolers on two different occasions, as well. The former teacher has been charged with five class A misdemeanors—supplying alcohol to minors.

Supplying Alcohol to Minors is Against the Law

It is illegal to sell, offer to sell or furnish an alcoholic product to a minor. If a person does any of these things without determining whether the recipient is a minor, that person will be guilty of a class B misdemeanor. However, when a person sells, offers for sale or provides alcohol to another individual knowing that he is a minor, that person will be guilty of a class A misdemeanor.

Exceptions

There are a couple of situations when giving a minor alcohol is not against the law:

• by a parent or guardian who gives a minor alcohol for medicinal purposes;
• by a licensed doctor who is authorized to write prescriptions; or
• as part of a religious organization’s religious services.

Class A misdemeanors carry a potential jail sentence of up to one year. A Class B misdemeanor can send a person to jail for up to six months.

It doesn’t matter whether you want kids to think you’re cool or you just don’t see any problem with giving alcohol to minors. Utah law makes it clear that providing alcohol to minors is illegal.

Contact a Utah Criminal Defense Attorney

If you’ve gotten into trouble with the law for any reason, don’t wait to call a Utah criminal defense attorney immediately. Defense attorneys aren’t here to judge, just to help you work through your legal jam. Call an attorney today.

Tags: , , , , ,
Posted in Alcohol in Utah | No Comments »

« Older Entries